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HomeMy WebLinkAbout2010-07-07 Council MinutesITEM A: CALL TO ORDER AGENDA KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) *All items listed with an asterisk are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (Public comment limited to 10 rninutes per speaker) 1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status 2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update 3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns ITEM C: UNSCHEDULED PUBLIC COMMENTS (Public comment limited to 3 minutes per speaker) ITEM D: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) l. Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. 2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by 550,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. 3. Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) 4. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot. (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) 5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to 6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of 550,838. 7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7.15.060. 8. Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. 9. *Restaurant Designation Application Pizza Paradisos (License #3032) ITEM E: MINUTES 1. *Regular Meeting of June 16, 2010. ITEM F: UNFINISHED BUSINESS ITEM G: NEW BUSINESS 1. Ratification of Bills 2. Approval of Purchase Orders Exceeding S 15,000 3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and Land Use Maps for the Comprehensive Plan for the City of Kenai. 4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. 5. Action /Approval Special Use Permit /Kenai Chamber of Commerce 6. Discussion Credit Card Use Schedule of Fees 7. Discussion Agreement /Chugiak Baptist Organization 8. Discussion Schedule Board of Adjustment Hearing ITEM H: COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks Recreation Commission 6. Planning Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini -Grant Steering Committee d. Kenai Convention Visitors Bureau e. Reports of KPB Assembly, Legislators and Councils ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: ADDITIONAL PUBLIC COMMENT 1. Citizen Comments (Public comment limited to 5 minutes per speaker) 2. Council Member Comments EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT Joe Moore Barry Eldridge Ryan Marquis Robert Molloy Mike Boyle Pat Porter, Mayor Hal Smalley, Vice Mayor ITEM A: CALL TO ORDER A -2. The City Clerk took roll. Present were: ADD TO: MOTION: KENAI CITY COUNCIL REGULAR MEETING JULY 7, 2010 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING ROLL CALL MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A -1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A quorum was present. Also present: Student Representative Hannah Coffman A -3. AGENDA APPROVAL The following changes were requested: ADD TO: Item D -3, Resolution No. 2009 -68 An email transmission submitted by Kate Veh in support of Resolution No. 2009 -68. Item D -5, Resolution No. 2010 -40 W. Ogle memorandum providing information for amendments to identify the bidder and amounts. ADD TO: Item I, Mayor's Report C. Fanning application for appointment to commission /committee. Council Member Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 2 VOTE: There were no objections. SO ORDERED. A -4. CONSENT AGENDA MOTION: Council Member Smalley MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOE: There were no objections. SO ORDERED. ITEM 13: SCHEDULED PUBLIC COMMENTS (Public comment limited lo 10 minutes per speaker) 13-1. Mary Jo Joiner /Christine Cunningham All- America City 2011 Application Status Mary Jo Joiner /Christine Cunningham City of Kenai Administration. Joiner and Cunningham provided a report on the progress of the 2011 All America City Award Working Group, comprised of 12 members representing various sectors of the community and who were working on the preparation of an application for the City of Kenai to submit for the 2011 competition. They also gave a report on their attendance at the 2010 Aid- America City Award presentations in Kansas City, Missouri. 13-2. Judy Doherty, State of Alaska, Department of Transportation Kalifornsky Beach Road Pathway Project Update Judy Doherty and Jonathan Tague Alaska Department of Transportation. Doherty and Tague provided a brief update of the Kalifornsky Beach Road Pathway project, noting an informational public meeting would be held prior to July 16, 2010 when the project work was expected to begin; the road would not be closed at all during the length of the project; funding would take the pathway to Mallard; and, it was a State- funded project and if additional funding had been provided, the pathway would extend further. 13-3. Paul Morrison Wind Generation, Cap in Trade, Email Concerns Paul Morrison, 805 Auk Avenue, Kenai Morrison noted the following: He believed a wind generator would need to be backed up with a full -time power system. He believed cap and trade bought and sold clean air for dirty air. Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 3 Reported a computer problem he had when forwarding an email to a local radio station, which he felt resulted in his email account being blocked. ITEM C: Clyde Reynolds, Alaska Asphalt Maintenance, 704 Linwood Lane, Kenai Reported his business resurfaces asphalt and when doing so, he places his business sign is placed in the area to both advertise his business and to warn of safety concerns; he was concerned with the City removing his sign from projects; he was told the signs could not be displayed on a public easement; and, believed the removal of his signs was a matter of public concern due to asphalt being slippery, etc. when first applied. Nadia Daggett, 51235 Kenai Spur Highway, Nikiski Stated her support of Resolution No. 2009 -68, noted the Peninsula was leading in participating in renewable energy projects; and the Kenai Peninsula Borough had 18 State grant- funded energy projects. ITEM D: D -1. MOTION: MOTION PASSED UNANIMOUSLY. UNSCHEDULED PUBLIC COMMENTS (Pub( ic comment limited to 3 minutes per speaker) PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. Persons may give their time over to another speaker present, however no single speaker present may speak for more than 30 minutes combined on their own and on others' behalf) Ordinance No. 2494 -2010 Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Personnel," Including 23.55.030 Entitled "Qualification Pay 23.50.010 Entitled, "Employee Classification and, 23.55 Fiscal Year 2010 Operating Budget Salary Schedule. Council Member Eldridge MOVED for adoption of Ordinance No. 2494 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no public comments. VOTE: Student Representative Coffman: Yes Moore Yes Yes Eldridge Boyle Yes Yes Marquis Porter J Yes Yes Molloy Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 4 D -2. Ordinance No. 2495 -2010 Increasing Estimated Revenues and Appropriations by S50,000 in the Water, Sewer and Streets Capital Project Fund for Public Road, Water, and Sewer Improvements. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2495 -2010 and Council Member Marquis SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. There were no Council comments. VOTE: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. D -3. The floor was opened for public hearing. Mark Schrag, 312 Princess Lane, Kenai Spoke in support of Resolution No. 2009- 68 and encouraged its passage. There being no one else wishing to speak, the public hearing was closed. Council comments included: Request for support of the resolution and review of the four bases cited in the "now, therefore" paragraph. Support of the resolution after comments received through the Town Hall meeting and previous amendments to the resolution. MOTION TO AMEND: Resolution No. 2009 -68 Supporting Actions Building and Maintaining a Sustainable community Within the City of Kenai, and Supporting Networking with Local Governments on the Kenai Peninsula. (Clerk's Note: At the May 19, 2010 meeting, Resolution No. 2009 -68 was substituted and then postponed to July 7, 2010 for consideration and an additional public hearing.) Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Yes Marquis Porter Yes Yes Molloy Yes Boyle Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 5 Council Member Eldridge to amend Item 4 (page 16 of the packet) in the third line by inserting "economic development" after "facilitating employment" and before "economic stability." Council Member Molloy SECONDED the motion. VOTE ON AMENDMENT: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Student Representative Coffman: No MOTION PASSED UNANIMOUSLY. D -4. Resolution No. 2010 -23 Opposing "An Initiative Creating an Alaska Anti- Corruption Act" Which Will be on the 2010 Alaska Primary Election Ballot, MOTION: Council Member Marquis MOVED to approve Resolution No. 2010 -23 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: (Clerk's Note: At its April 7, 2010 meeting, Council postponed Resolution No. 2010 -23 to its July 7, 2010 meeting. The motion to adopt is active.) Council Member Marquis MOVED to amend Resolution No. 2010 -23 in the second line of the title by removing "An Initiative Creating an Alaska Anti- Corruption Act" and replacing it with "078NC0 Ballot Measure 1" and in the "Now, therefore" paragraph, removing "An Initiative Creating an Alaska Anti Corruption Act" and replacing it with "Ballot Measure 1." Council Member Molloy SECONDED the motion. Moore Yes Eldrid :e Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle f Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 6 VOTE ON AMENDMENT: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Student Representative Coffman: Yes MOTION PASSED UNANIMOUSLY. Council requested a copy of the resolution be forwarded to AML, news media and the Stop the Gag Law Group. D -5. Resolution No. 2010 -40 Awarding the Bid for Portable Restrooms Rental and South Beach Dumpsters 2010 for the Total Amount Up to MOTION: Council Member Smalley MOVED to approve Resolution No. 2010 -40 and Council Member Marquis SECONDED the motion. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Council Member Smalley MOVED to amend Resolution No. 2010 -40 by inserting Peninsula Pumping, Inc. in the first blank of the resolution title; 543,690.00 in the second blank; inserting Peninsula Pumping, Inc in the first blank and 543,690.00 in the second blank of the First Whereas; inserting Peninsula Pumping, Inc. in the blanks of the second, third and fourth whereas; and, by inserting Peninsula Pumping, Inc. in the first blank of the resolution statement and 543,690.00 in the second blank. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 7 VOTE ON AMENDMENT: There were no objections. SO ORDERED. Comments included: Concern expressed with presenting a resolution without the vendor and amounts being included. A second vendor would be used for supplying toilets and dumpsters on the North Beach. VOTE ON MAIN AMENDED MOTION: Council Member Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. D -6. Resolution No. 2010 -41 Approving the Purchase of Two Police Vehicles Through State of Alaska Equipment Fleet Contract Pricing at a Total Cost of 550,838. MOTION: Council Member Marquis MOVED for approval of Resolution No. 2010 -41 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: Use of the State contract required the purchase needed to be through Kendall Ford. Budget included more than $25,000 for each vehicle. The vehicles were 2010 models. VOTE: There were no objections. SO ORDERED. D -7. Resolution No. 2010 -42 Declaring the 1982 T6 Oshkosh Crash /Fire /Rescue Truck to be Surplus or Obsolete, and to Be Sold as Provided in Kenai Municipal Code 7. 15.060. MOTION: Council Member Eldridge MOVED for approval of Resolution No. 2010 -42 and requested UNANIMOUS CONSENT. Council Member Marquis SECONDED the motion. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 8 The floor was opened for public hearing. There being no one wishing to speak, th public hearing was closed. There were no Council comments. VOTE: There were no objections. SO ORDERED. D -8. MOTION: Resolution No. 2010 -43 Requesting the Kenai Peninsula Borough to Allocate $2,500,000 of Its Recovery Zone Facility Bond Volume Cap to the City of Kenai for the Issuance of Revenue Bonds to Fund the Construction of Commercial Hangars at the City's Airport. Council Member Smalley MOVED for approval of Resolution No. 2010 -43 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to speak, the public hearing was closed. Council /Administration comments included: The Kenai Peninsula Borough Resolution No. 2010 -064 (with regard to the bond request) was passed unanimously at the July 6, 2010 Assembly meeting. The process would be like the bonding provided to Peiffer Development, i.e. the process would provide an avenue for an investor or developer to receive a subsidy on the interest portion of a loan, there would be no cost to the City, there would be no investment on the City's part, etc. The project would include hangar construction /development on a new lease lot along Basin View Drive which could provide hangar space for a commercial carrier and would provide for a long -term lease of Airport property. Concern expressed that proceeding with the process would impact the City's eligibility for bond amounts. Administration was requested to investigate and provide an answer at the July 21, 2010 Council meeting. VOTE: There were no objections. SO ORDERED. D -9. *Restaurant Designation Application Pizza Paradisos (License #3032) Approved by consent agenda. BREAK TAKEN: 8:08 P.M. BACK TO ORDER: 8:18 P.M. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 9 ITEM E: MINUTES E -1. *Regular Meeting of June 16, 2010 Approved by consent agenda. ITEM F: UNFINISHED BUSINESS None. ITEM G: NEW BUSINESS G -1. Ratification of Bills MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Eldridge SECONDED the motion and requested UNANIMOUS CONSENT. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Smalley MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no Council or public comments. VOTE: There were no objections. SO ORDERED. G -3. *Ordinance No. 2496 -2010 Adopting Updated Ownership, Zoning, and. Land Use Maps for the Comprehensive Plan for the City of Kenai. Introduced by approval of consent agenda. G -4. *Ordinance No. 2497 -2010 Amending KMC Chapter 1.10 Entitled "The Council," in Its Entirety and Specifically Addressing the Procedures for Special Meetings of the City Council and Making Technical Corrections. Introduced by approval of consent agenda. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 10 G -5. Action /Approval Special Use Permit /Kenai Chamber of Commerce MOTION: Council Member Molloy MOVED to approve the Special Use Permit for the Kenai Chamber of Commerce. Council Member Eldridge SECONDED the motion. Council Member Smalley requested UNANIMOUS CONSENT. VOTE: There were no objections. SO ORDERED. G -5. Discussion Credit Card Use Schedule of Fees City Manager Koch explained: Information was included in the packet related to developing a centralized fee scheduled, which was conducted in the process of determining how credit card use fees would be structured. Because some fees were established in the Kenai Municipal Code and some by policy, it was sometimes difficult to find fees or they perhaps were not readily accessible to the public. Administration suggested changes in the manner of how fees would be determined /amended and established through a comprehensive publication of fees, rates, and charges, i e amendments to Code to provide for the City Manager to present for approval all fees, rates and charges in order to change them without use of an ordinance. A fee schedule document would also be included on the City's webpage. Process of consideration by Council would be through an ordinance to make any Code necessary amendments. Requested direction from Council. Council comments included: Interest in discussing the issue, though there were probably reasons why some fees were included in the Code. Request to hold a work session on the issue. Suggestion to add a credit card fee instead of changing all the fees. Support of holding a work session; would not support changing fees by motion; believed amendments should require at least consideration and passage of a resolution. Would not want the Council deciding the rates, only the process. A work session was scheduled for September 28, 2010 at 6:00 p.m. in the Council Chambers. G -6. Discussion Agreement /Chugiak Baptist Organization KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 11 Administration comments included: A brief history of the Organization's involvement with the City was provided, noting in 2008 a Special Use Permit was brought to Council for consideration. Council's direction was to tighten the process and making it more specific using a Memorandum of Agreement. That was achieved in 2008 and 2009. Concerns expressed related to the City's exposure to liability from the 2009 agreement. Concern with continuing to use a Memorandum of Agreement. Suggested Council provide further direction of what it would like to do with the Organization's activities, It appeared the City was partnering with the group; it was not clear who the group was; and, the 2009 agreement was not a permit, etc. A brief discussion was held with the insurer who agreed a joint agreement would provide less of a liability and exposure to the City; had concerns because it was unimproved land; was very concerned about the daycare services offered; and, if a permit was used there would be more immunity to the City, etc. Council choices would be 1) a letter of agreement (like 2009); a. Special Use Permit (draft provided in the packet); do nothing; a Special Use Permit with releases (drafts included in the packet); and, preserve the benefits of the Church and get volunteer releases. Council comments included: Concern there was not much time before the fishery start. Liked Option 4, i.e. the Special Use Permit and Release and Waiver of Liability for Volunteers. The group provided a service, though objected to them giving away free food which would compete with local merchants, mobile food vendors, merchants, etc. It was important the organization members wore identification bracelets while on the beach. MOTION: Council Member Eldridge MOVED to direct the City Manager to enter into a Special Use Permit with Release and Waiver of Liability for Volunteers and take care of it. Council Member Moore SECONDED the motion. Council comments continued: For next year, Council should decide more specifically what activities should be allowed at the beach. Concern expressed with regard to daycare services (was the organization licensed to provide the service, background checks made, etc.). Concern expressed the organization was advertising services they would provide on their website advertisement without having an Agreement in place with the City. Concern with the organization providing fish filleting tables. Moore Yes Eldridge Yes Marquis Yes Molloy Yes Boyle Yes Porter Yes Smalley Yes KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 12 Questioned whether the group's tent was removed during the days they would not be present on the beach and if their reserved parking spaces would be available for other use when the organization was not present (it was noted the Special Use Permit would guarantee reserved parking spots when the group was on the beach.). VOTE: Student Representative Coffman. Yes MOTION PASSED UNANIMOUSLY. G -8. Discussion Schedule Board of Adjustment Hearing The Board of Adjustment hearing on the Disque matters was scheduled for August 23, 2010 at 6:00 p.m. ITEM H: COMMISSION /COMMITTEE REPORTS H -1. Council on Aging Council Member Boyle reported the next meeting would be held July 8, 2010. 11-2. Airport Commission Council Member Moore reported the next meeting would be held July 8, 2010. H -3. Harbor Commission Council Member Smalley reported the next meeting would be held Monday, July 12, 2010. H -4. Library Commission Council Member Marquis reported a meeting was held July 6, 2010 and reviewed actions and discussions that took place. Mayor Porter reported she would appoint Craig Fanning to the Library Commission (a copy of his application was distributed at the beginning of the meeting). She noted his position on the Arbitration Board would be resigned. There were no objections. H -5. Parks Recreation Commission Council Member Boyle reported the next meeting was scheduled for October. 11-6. Planning Zoning Commission Council Member Eldridge reviewed the minutes of the June 23, 2010 meeting which were included in the packet. H -7. Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 13 H -7a. Beautification Committee No meeting. H -7k. Alaska Municipal League Report Council Member Smalley reported he would be attending the NaCO Conference from July 16 -20, 2010. He would be representing AML and expected a great deal of discussion with regard to the suggested redefining of navigable waters within the Clean Water Act. H -7c. Mini -Grant Steering Committee No meeting. H -7d. Kenai Convention Visitors Bureau No meeting. H -7e. Reports of KPB Assembly, Legislators and Councils Assembly Member Smalley reported on actions and discussions held during the July 6, 2010 Assembly meeting. ITEM I: REPORT OF THE MAYOR Mayor Porter noted the following: She attended the Little League closing ceremony, attended the Kenaitze Tribe Potlatch, and attended a Tesoro reception. She visited two new businesses in town. Was working with Parks Recreation Commission Chair Sandahl related to holding a work session in September to gather ideas for planning a new playground. A Request for Proposals would be advertised in the future for a consultant to assist in planning the playground. ITEM J: ADMINISTRATION REPORTS J 1. City Manager City Manager Koch reported the following: Administration was working through the Police Department and Fish Game with regard to bear concerns. The City would have grant applications submitted to the Department of Environmental Conservation in response to its request for grant applications. He would be attending the Airport Commission's meeting to discuss the Airport Reserve boundary with regard to an area currently within the Reserve that he believed should not be. The issue would come back to Council for consideration. Senator Begich would be at the Library at 2:00 p.m. July 8 and Congressman Young would be speaking at the Kenai Chamber luncheon July 8. He would be taking vacation beginning July 30 and would be back to work on August 23. Reported the State's $250,000 grant for the bluff erosion project would be used as the City's share of costs and would be held while waiting for federal funding. J 2. Attorney City Attorney Stearns reported the following: Achieved service of process on one of two code enforcement case defendants. She would continue to work on the issues as well as service to the second defendant. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 14 She had a unique opportunity to visit with the Homer Bar Association, along with some members of Kenai Peninsula Bar Association when members and staff of the Alaska Bar Association visited the Peninsula to learn the needs and challenges of the area. In early August, she would attend the American Bar Association annual meeting. She was looking forward to discussions specifically on state and local government law. Noted a Record of Termination of Repurchase Right was included in the packet with regard to Walmart properties. She explained, the document was developed at the request of Walmart and would be recorded as the terms of its purchase and development of the land had been satisfied. J -3. City Clerk City Clerk Freas reported the following: She received a call from the Department of Justice (DOJ) with regard to her request for preclearance of the amendments made to the elections code. The DOJ's representative seemed satisfied with her responses to questions asked. She and Deputy Clerk Hall attended elections training for the State Primary and General Elections which was presented by the Region I Elections Supervisor. election. She was beginning the preliminary work involved for the City's general She would distribute the Notice of Special Meeting and meeting agenda for the July 12, 2010 Special Council Meeting after the adjournment of the July 7 Council meeting. Mayor Porter suggested commission /committee packets be emailed to members who provided email addresses. Council had no objections. Council Member Molloy stated he appreciated the Clerk's memorandum included in the packet giving a brief description /history of packet preparation, distribution, posting, etc. and suggestions. Molloy stated he liked the suggestion to add a permanent item on the commission /committee agendas "Next Meeting Attendance Notification" to promote members to report if they would be absent from future meetings. Clerk Freas was requested to as the video streaming contractor if a monthly report of Council Meeting visits could be provided. ITEM K: ADDITIONAL PUBLIC COMMENT K -1. Citizen Comments (Public comment Limited to 5 minutes per speaker) Carol Bannock, Executive Director, Kenai Chamber of Commerce Thanked the City, including the Parks Recreation and Police Departments, for the assistance in the July 4 event as well as for the approval of the Special Use Permit. Bannock reported a joint Chamber lunch would be held at the Sports Center on July 20 for an information meeting on the State's Ballot Measure 1. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 15 K -2. Council Member Comments Porter Stated the Police and Parks Recreation Departments were invaluable for the July 4 event and the town looked great. Boyle Reported he attended the fireworks event at the Washington Monument in Washington, DC on July 4. Molloy Thanked Porter, Marquis, Kenai Chamber personnel, and Administration /Departments for their work on the July 4 event. Thanked George Mary Ford and Joe Harris for their efforts with regard to the relocation of the historical cabins and enjoyed visiting with them at the cabin dedication on July 4. Thanked Stearns and Koch for their efforts in providing options for the Chugach Baptist Organization. Suggested Council hold a work session after the dip net fishery report has been published to discuss issues with regard to the fishery and the City's involvement in it. Marquis Thanked the Police Department and Fish Game for their efforts related to the bear problems. Thanked. Bannock, Chamber, and the Police and Parks Recreation Departments for their assistance for the July 4th event. Thanked Council Member Molloy for his work on Resolution No. 2009 -68 and added, though it was controversial, it brought a lot of discussion forward with the Council and public. Coffman Reported she had a great vacation and thanked the City and Chamber for such a great July 4th event. Eldridge Thanked Porter and Marquis for taking the initiative in celebrating the City's 50th anniversary and the incorporation of that celebration with the July 4th event. Congratulated all the City departments for the outstanding jobs they do. He enjoyed attending the dedication of the historical cabins and was happy to see George Mary Ford in attendance. Moore Thanked all for the great July 4th event. Reported the first set net fish day was scheduled for July 8. Smalley Thanked Porter, Marquis and City employees for their efforts related to the very successful July 4th event. He attended the dedication of the historical buildings and noted, the Historical. Society wants to add signage and would like the City to consider lighting for the winter. KENAI CITY COUNCIL MEETING JULY 7, 2010 PAGE 16 He would be attending the NaCO Conference and returning on July 21. However, he planned to attend the Council meeting, though may be a few minutes late. EXECUTIVE SESSION None scheduled. ITEM L: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Ordinance No. 2493 -2010 Amending KMC 13.40.040 to Provide for a Speed Limit of Fifteen (15) Miles Per Hour While Driving Motorized Vehicles on a Portion of the North Shore Public Beach Within the City of Kenai and Making Technical Corrections. (At its June 2, 2010 meeting, Council introduced Ordinance No. 2493 -2010 and subsequently postponed the public hearing to the first meeting in August, 2010 (August 4, 2010).) ITEM M: ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at approximately 9:39 p.m. Minutes submitted by: Carol L. Freas, ity Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official Council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. APPROVED BY COUNCIL ',ATE